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In a key pre-trial hearing, an attorney for Smartmatic alleged that Newsmax CEO Chris Ruddy knew the network had no evidence to back up claims of election fraud involving Smartmatic in the 2020 election, yet continued to push these lies on air. Despite internal emails and messages indicating doubts among some hosts and employees, Newsmax pushed the story 23 more times after Ruddy admitted there was no evidence. The network did not disclose to its audience the lack of evidence supporting the claims being promoted on air.

Although Newsmax’s attorneys provided additional context from Ruddy’s November 2020 email, which acknowledged the lack of evidence for widespread voter fraud, the network continued to cover Trump and his allies making similar allegations. The message also committed to accepting the outcome of the election as decided by the Electoral College and encouraged a smooth presidential transition. Smartmatic’s defamation case against Newsmax centers on intentional promotion of lies linking the company to election rigging, with the trial set for late September.

Newsmax’s attorney argued in court that there was no evidence the network knew the claims were false but was reporting both sides of the story based on a directive from Ruddy. The trial judge declined to postpone the trial, leaving open the possibility for a delay in the future. Smartmatic’s lawsuit is one of the legal battles Newsmax faces in the aftermath of the 2020 election, following coverage that surged in viewership as Trump supporters questioned Biden’s victory.

Newsmax also faces a separate defamation case from Dominion Voting Systems, with allegations of intentional promotion of false claims. The network maintains that its coverage is protected by the First Amendment, unlike Fox News, which settled with Dominion for a significant sum. A trial outcome could have implications for the First Amendment and how journalists cover election misinformation, with potential financial implications for Newsmax in the event of a courtroom defeat.

Owned by Trump ally Christopher Ruddy, Newsmax features former Fox personalities and controversial figures like Sebastian Gorka and Dick Morris. The lawsuit against the network could impact media coverage of Trump’s election lies and the dissemination of misinformation. Recent developments include indictments of Smartmatic executives by the Justice Department and accusations of discovery process abuses between Newsmax and Smartmatic. Despite these challenges, the outcome of the trial remains uncertain, with the potential for settlement before proceedings begin.

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